Appellate Division of the Supreme Court of New York, 1988

People v. Sorrentino

People v. Sorrentino
Appellate Division of the Supreme Court of New York · Decided May 31, 1988
140 A.D.2d 727; 528 N.Y.S.2d 1011; 1988 N.Y. App. Div. LEXIS 6094
People v. Sorrentino

Opinion of the Court

The showup procedure was proper inasmuch as it was conducted shortly after the crime to quickly confirm or dispel the suspicion that the defendant was one of the perpetrators (see, People v Hicks, 68 NY2d 234). Additionally, we note that there was an independent basis for the in-court identification.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to support the conviction. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (CPL 470.15 [5]). Bracken, J. P., Brown, Weinstein and Rubin, JJ., concur.

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